SPECIFIC PERFORMANCE, § 147 — insufficiency of evidence. In suit for specific performance of alleged contract for purchase of special assessment bonds and vouchers, which intervenor also claimed to have purchased from defendant through a third party as agent for defendant, decree for complainants was unauthorized where the only evidence to establish complainants' contention that third party, to whom confirmatory letters were written thereby satisfying requirements of Statute of Frauds, was complainants' agent was the testimony of one of complainants' attorneys that he had employed third party to negotiate the purchase, and such attorney thereafter continued to appear in the cause on behalf of complainants (Ill. Rev. Stat. 1947, ch. 121 1/2, par. 4; Jones Ill. Stats. Ann. 121.08).
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE FEINBERG.
Not to be published in full. Opinion filed November 1, 1948; rehearing denied November 15, 1948; released for publication November 16, 1948.